CBI court dismisses former Himachal IG plea seeking permission to travel to Spain

At the CBI court, Zaidi submitted through his counsel that his son, who is 23, has got admission to IE University, Madrid, for a 15-month Master in Management (English) programme starting September 2024.

Zaidi submitted that he wants to complete the formalities of his son’s admission and to arrange for his lodging in Madrid. And for this purpose, he has to travel along with his son to Madrid from August 20, 2024, to September 15, 2024.

Zaidi also submitted that “his passport had expired on September 21, 2017, and it needs to be renewed for this purpose (travel to Spain). He has been attending the hearing of this case regularly and has never absented himself. At present, he is holding a responsible position in Himachal Pradesh Police. His wife and daughter are currently living in India and there is no possibility of him evading the jurisdiction of this court”.

However, Zaidi’s application was resisted by the CBI inter alia with the averments that it (the application) is not maintainable as a similar application filed by the applicant (Zaidi) for visiting abroad and for renewal of passport had been dismissed vide order dated December 9, 2019.

“The applicant is making the same prayer again, which amounts to review of the earlier order passed by this court which is not permissible under law. Also, the case is at a mature stage of prosecution evidence and investigating officers are being examined. The instant case would be at an advanced stage when the applicant plans to make his foreign visit, and it is apprehended that the accused may try to delay the proceedings, or he may even abscond to avoid the conclusion of the trial, as there is a strong case based on evidence against him,” the CBI counsel contended.

The CBI counsel also submitted that “earlier bail of the applicant was cancelled by the predecessor of this court and he was granted bail by high court after about four years when the accused made a statement that he is ready to give an undertaking that he will not enter the territory of Himachal Pradesh till the conclusion of trial or examination of witness, and being a native of Lucknow he would stay in Lucknow only. Now, this (present) request of the applicant amounts to violation of his express undertaking”.

The Court of Alka Malik, Special Judge, CBI Court, on hearing the contentions, said, “The instant case is at a crucial stage of trial as investigating officers are being examined. The trial of the case needs to be expedited, the case being old and of serious nature. The period for which the applicant is seeking permission to visit abroad is very relevant period for conclusion of the trial, where presence of applicant/accused is needed.”

While dismissing the plea of Zaidi, the CBI court said, “The application is not maintainable since it violates the very undertaking given by the applicant/accused before the Punjab and Haryana High Court at the time of grant of bail to him that he shall reside in Lucknow (Uttar Pradesh). He had even undertaken not to enter the territorial limits of Himachal Pradesh. Suffice here to say that the prosecution has not concluded its evidence yet.”